Hona and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Hona for the revocation of the mandatory cancellation of his visa. The Minister for Immigration and Border Protection opposed the revocation. The decision was made by Mr P W Taylor SC, Senior Member.

The central legal issue before the Tribunal was whether the mandatory cancellation of Mr Hona's visa should be revoked, having regard to the character test provisions and the prescribed considerations. This involved weighing the protection of the Australian community, the nature and seriousness of Mr Hona's conduct, the risk of reoffending, the best interests of his minor children, and the expectations of the Australian community, against other considerations such as the prospect of rehabilitation and the availability of family support.

The Tribunal found that the primary considerations of protection of the Australian community and community expectations weighed in favour of non-revocation. While the best interests of Mr Hona's children were also a primary consideration, their impact was equivocal. This equivocation arose from the possibility that Mr Hona's partner and children might follow him to New Zealand if their relationship was committed, or conversely, that the children's interests might be best served by his removal if their relationship continued with discord and violence. The Tribunal concluded that the balance of the three primary considerations strongly favoured non-revocation. Furthermore, none of the "other" relevant considerations, including the prospect of rehabilitation and potential family support in New Zealand, were sufficient to countervail the impact of the protective and expectation considerations, even with the equivocal consideration of the children's best interests.

Accordingly, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of Mr Hona's visa was not revoked.